This article shares some great advice from Phoenix car accident attorney, Aaron Crane from Cantor Crane regarding who is at fault for an accident. When an insurance claim is made after an accident, a determination of who was at fault is pivotal in a personal injury insurance claim or lawsuit. The fault issue is closely related to the ultimate resolution of the claim or case. The following general rules are used in making a determination of fault.
Why a fault determination is so important
If it is shown that the party responsible for the accident actually caused the injuries claimed by the plaintiff, it’s highly likely that he or she will be legally liable for the plaintiff’s damages. It is entirely possible for more than one person to have caused an accident. When that occurs, the law of comparative negligence applies.
The fault determination process
Once an injured party makes their claim against the person who allegedly caused the accident, both an insurance adjuster and our car accident lawyer in Phoenix will analyze how the accident occurred by evaluating all of the facts and circumstances surrounding it. A determination of who was at fault is then made.
Do not give a statement to the other insurer
If you were injured as a result of the negligence of another driver, the opposing insurance adjuster might even want you to give a written or oral statement that pivots on fault. The law does not require you to give such a statement without your car accident lawyer in Phoenix being present. Questions will be slanted toward the insurer, and your answers will be used against you in the future. Never give a statement to the opposing insurer without your car accident lawyer being present.
Police accident reports
Assuming police were called to the scene of the accident, the investigating officer will have completed an accident report. Along with what the officer observed and whether any citations were issued, the report usually relates what the parties told the officer about how the accident happened. These police accident reports are of critical importance for both sides in making a fault determination, particularly if one of the parties admitted liability. Never admit fault to anybody at the scene of the accident or later unless you’re speaking with your attorney.
Arizona traffic laws
If a traffic citation was issued, allegations of a violation of municipal or state traffic laws are made. If the accused person is found responsible or guilty to that traffic offense, it might be used against them in the future when a liability determination is made in the injury claim or case.
Rear-end accidents
When an impact occurs between the front of one vehicle and the rear of another, it’s highly likely that the driver of the second vehicle will be liable, even if the first vehicle suddenly stops. The rationale for this is that the following vehicle is required to maintain a safe interval between their vehicle and the vehicle in front of it.
Accidents when turning left
When turning left in an intersection, the driver of a vehicle is required to wait for the intersection to clear before starting the turn. If there’s no intersection, and the driver is turning left, he or she must yield the right-of-way to oncoming traffic before starting the turn. There’s a high likelihood that the driver making the left turn was at fault in an accident.
Comparative negligence
The law of comparative negligence is used in accidents to determine liability and damages based on the percentage of fault that might be attributable to all of the parties. If it’s determined that both parties were at fault in an accident, a percentage of fault attributable to each is assigned. If a plaintiff is awarded damages of $100,000 with 20 percent of the fault being attributable to plaintiff, his or her net award would be $80,000. Arizona is known as a pure comparative negligence state. In theory, a party who was 99 percent at fault for an accident can still recover damages. In making their fault determinations, both your Phoenix car accident lawyer and the opposing insurer will be making a comparative fault analysis.
Assessing fault in a motor vehicle collision often involves complex determinations. That determination ultimately affects any damages that a plaintiff might recover.